SURENDER KUMAR Vs. FC, HARYANA AND ORS.

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order dated 16th September, 2013 whereby learned Single Judge has dismissed the appellant's writ petition in which he challenged the eviction order passed by the Assistant Collector 1st Grade [ACIG] as well as by the Appellate and Revisional orders passed under the Punjab Security of Land Tenures Act, 1953.

(2.) The appellant is a tenant under respondents No. 5 to 10 on land measuring 72 kanals 9 marlas situated in village Bhattu Kalan, now District Fatehabad. The landlords filed eviction petition on 'Form-L' under Section 14-A of the Punjab Security of Land Tenures Act, 1953 [for short 'the Act'] on the ground of non-payment of 'Batai' [share in crop as rent] as per Jhar-Pedawar for the Crops Rabi and Kharif, 1994. The ACIG, Fatehabad vide order dated 25.1.1999 [P-1] held that the appellant's predecessor-in-interest, namely, his father who was the original tenant had not paid 'Batai' [share in the crop] for Rabi and Kharif, 1994 and he did not do so despite his admission for non-payment made on 14.06.1995 and 11.9.1995.

(3.) The appellant's predecessor filed the appeal which was dismissed by the Collector on 17.11.1999. Thereafter, the tenants filed a revision petition before the Commissioner, Hisar Division, who though held that the amount [of rent] for Kharif, 1994 was recoverable from the tenants but still directed that the amount so determined be paid within 30 days, failing which the eviction order would become operative.